2026003459•EEOC Appeal 2026003459
Gesamter Gesetzestext
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Harriet M.,1 Complainant, v. Troy E. Meink, Secretary, Department of the Air Force, Agency. Appeal No. 2026003459 Agency No. 6W0B2500478 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from a final decision (FAD) by the Agency dated June 23, 2026, finding that it was in compliance with the terms of the settlement agreement into which the parties entered. See 29 C.F.R. § 1614.402; 29 C.F.R. § 1614.504(b); and 29 C.F.R. § 1614.405. For the following reasons, the Commission finds that the Agency did not breach the settlement agreement. BACKGROUND At the time of events giving rise to this complaint, Complainant worked as a Supervisory Police Officer, 10th Security Forces Squadron (10 SFS) at the Agency’s United States Air Force Academy (USAF Academy) in Colorado. Believing that the Agency subjected her to unlawful discrimination, Complainant 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website.
2026003459 2 contacted an Agency EEO Counselor to initiate the EEO complaint process. On August 12, 2025, Complainant and the Agency entered into a settlement agreement to resolve the matter. The settlement agreement provided, in pertinent part, that: 1. …The Agency agrees to initiate a commander's inquiry into internal issues within 10 Security Forces Squadron Alpha Flight, and for the commander to take appropriate action deemed necessary to address potential command climate factors. By letter to the Agency dated May 19, 2026, Complainant alleged that the Agency was in breach of the settlement agreement, and requested that the Agency specifically implement its terms and for written clarification as to the status of the commander’s inquiry. Specifically, Complainant alleged that the Agency breached provision one of the settlement agreement when the Agency failed to initiate/conduct a commander’s inquiry into internal issues within 10 SFS Alpha Flight. In its June 23, 2026, letter of determination, the Agency found that there was no breach of the settlement agreement and all obligations under the agreement were fully satisfied. In the Agency’s decision, the Agency details the 10 SFS’s response to Complainant’s allegation. The 10 SFS response stated that an informal inquiry was initiated within 10 SFS on September 15, 2025. However, before the inquiry was completed, the matter was elevated to 10 Air Base Wing (10 ABW) leadership after receiving an Inspector General complaint. As a result, on October 17, 2025, a Colonel, 10 ABW Commander, initiated a Commander-Directed Investigation encompassing the initial concerns along with the additional information from the Investigator General’s Office. After consulting with the Judge Advocate, the original inquiry was officially consolidated into the broader Commander-Directed Investigation. Complainant was provided with the 865-page Commander-Directed Inquiry report, and submitted a signed rebuttal on January 15, 2026. Following review of the report and rebuttal, a Notice of Proposed Removal was issued on May 13, 2026, and a final decision was expected. The Agency’s decision determined that the Agency fulfilled its obligation under the settlement agreement when the initial inquiry was initiated. Further, the decision found that the terms of the settlement agreement did not restrict a commander’s authority to adapt or elevate an ongoing inquiry in response to evolving facts and circumstances.
2026003459 3 The instant appeal followed. Complainant did not submit any arguments or evidence in support of her appeal. ANALYSIS EEOC Regulation 29 C.F.R. § 1614.504(a) provides that any settlement agreement knowingly and voluntarily agreed to by the parties, reached at any stage of the complaint process, shall be binding on both parties. The Commission has held that a settlement agreement constitutes a contract between the employee and the Agency, to which ordinary rules of contract construction apply. See Herrington v. Dep’t of Def., EEOC Request No. 05960032 (December 9, 1996). The Commission has further held that it is the intent of the parties as expressed in the contract, not some unexpressed intention, that controls the contract’s construction. Eggleston v. Dep’t of Veterans Affairs, EEOC Request No. 05900795 (August 23, 1990). In ascertaining the intent of the parties with regard to the terms of a settlement agreement, the Commission has generally relied on the plain meaning rule. See Hyon O v. U.S. Postal Serv., EEOC Request No. 05910787 (December 2, 1991). This rule states that if the writing appears to be plain and unambiguous on its face, its meaning must be determined from the four corners of the instrument without resort to extrinsic evidence of any nature. See Montgomery Elevator Co. v. Building Eng’g Servs. Co., 730 F.2d 377 (5th Cir. 1984). In the instant case, we concur with the Agency's decision finding no breach of the Provision 1, cited above. Complainant alleged that the Agency breached Provision 1 because the intent and purpose of the settlement agreement was not actually achieved when the informal inquiry into internal issues was consolidated into a investigation centered on allegations against Complainant. See Breach File at 49- 50. Provision 1 only obligated the Agency to initiate an inquiry into internal issues within 10 SFS Alpha Flight. The settlement agreement does not identify specific internal issues to be investigated. Additionally, the settlement agreement did not provide any specific process that the Agency had to follow when conducting the inquiry. In settlement breach cases, the burden is always placed on the party alleging breach to establish that a breach has occurred. See Mike T. v. Dep't of Homeland Sec., EEOC Request No. 0520140553 (March 15, 2017); Porter v. U.S. Postal Serv., EEOC Appeal No. 01A54699 (Dec. 20, 2005). Based on the
2026003459 4 foregoing, we find that Complainant has not met her burden that the Agency is in breach of Provision 1 of the agreement. CONCLUSION We AFFIRM the Agency's final determination finding no breach of Provision 1 of the settlement agreement. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M1125) The Commission may, in its discretion, reconsider this appellate decision if Complainant or the Agency submits a written request that contains arguments or evidence that tend to establish that: 1. The appellate decision involved a clearly erroneous interpretation of material fact or law; or 2. The appellate decision will have a substantial impact on the policies, practices, or operations of the agency. Requests for reconsideration must be filed with EEOC’s Office of Federal Sector (OFS) within thirty (30) calendar days of receipt of this decision. If the party requesting reconsideration elects to file a statement or brief in support of the request, that statement or brief must be filed together with the request for reconsideration. A party shall have twenty (20) calendar days from receipt of another party’s request for reconsideration within which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B (Aug. 5, 2015). Complainant should submit their request for reconsideration, and any statement or brief in support of their request, via the EEOC Public Portal, which can be found at https://publicportal.eeoc.gov/Portal/Login.aspx. Alternatively, Complainant can submit their request and arguments to the Director, Office of Federal Sector, Equal Employment Opportunity Commission, via regular mail addressed to P.O. Box 77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, a complainant’s request to reconsider shall be deemed timely filed if OFS receives it by mail within
2026003459 5 five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604. An agency’s request for reconsideration must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either party’s request and/or statement or brief in opposition must also include proof of service on the other party, unless Complainant files their request via the EEOC Public Portal, in which case no proof of service is required. Failure to file within the 30-day time period will result in dismissal of the party’s request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted together with the request for reconsideration. The Commission will consider requests for reconsideration filed after the deadline only in very limited circumstances. See 29 C.F.R. § 1614.604(f). COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0124) You have the right to file a civil action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. If you file a civil action, you must name as the defendant in the complaint the person who is the official Agency head or department head, identifying that person by their full name and official title. Failure to do so may result in the dismissal of your case in court. “Agency” or “department” means the national organization, and not the local office, facility or department in which you work. If you file a request to reconsider and also file a civil action, filing a civil action will terminate the administrative processing of your complaint. RIGHT TO REQUEST COUNSEL (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests.
2026003459 6 Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: T. Gimbrere _____________________________ Acting Director's signature T. Gimbrere, Acting Director Office of Federal Sector 9/21/2026 Date
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